The purpose of the proposed rules is to adopt a revised version of the Water Quality/Quantity Best Management Practices for Florida Poultry Operations (June 2016 Edition), FDACS-P-02052 manual by reference. The new edition ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NOS.:RULE TITLES:

5M-19.001Approved Florida Poultry Best Management Practices

5M-19.002Presumption of Compliance

5M-19.003Notice of Intent to Implement

5M-19.004Record Keeping

PURPOSE AND EFFECT: The purpose of the proposed rules is to adopt a revised version of the Water Quality/Quantity Best Management Practices for Florida Poultry Operations (June 2016 Edition), FDACS-P-02052 manual by reference. The new edition updates language to reflect statutory changes impacting the Best Management Practices program, provides more specific direction and expectation regarding the best management practices, and removes language not related to water quality or water conservation.

SUMMARY: The subject areas of the proposed rules are water quality and water conservation best management practices for Florida poultry production, enrollment in the program, and implementation verification site visit requirements. Proposed rule revisions require compliance with Chapter 5M-1, F.A.C., and therefore language that is duplicative with Chapter 5M-1, F.A.C., is removed. Rule revisions also clarify the intent of BMP Program enrollment and checklist requirements.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23), F.S.

LAW IMPLEMENTED: 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3., F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Thera, Environmental Consultant, Office of Agricultural Water Policy, Mayo Building, 407 S Calhoun Street, Mailstop AX2, Tallahassee, Florida 32399-0800 or [phone]. Copies of the manual can be accessed online at https://www.fdacs.gov/Divisions-Offices/Agricultural-Water-Policy/Rule-Development-Activities/5M-19-Rulemaking.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-19.001 Approved Florida Poultry Best Management Practices.

Statewide best management practices for poultry operations are in tThe manual titled Water Quality/Quantity Best Management Practices for Florida Poultry Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (June 2016 Edition) (FDACS-P-02052, rev.        ), is hereby adopted and incorporated by reference. Copies of the manual may be obtained from the University of Florida county extension offices or from the Florida Department of Agriculture and Consumer Services (FDACS), Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref____ http://www.flrules.org/Gateway/reference.asp?No=Ref-07213.

Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History‒New 8-25-16, Amended _________.

 

5M-19.002 Presumption of Compliance.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History‒New 8-25-16, Repealed _________.

 

Substantial rewording of Rule 5M-19.003, F.A.C., follows. See Florida Administrative Code for present text.

5M-19.003 Notice of Intent to Implement Best Management Practices.

An Enrollee under Florida Poultry Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-02052, rev. _______), adopted by reference in Rule 5M-19.001, F.A.C., is also subject to the requirements of Chapter 5M-1, F.A.C.

Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History‒New 8-25-16, Amended _________.

 

5M-19.004 Record Keeping.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History‒New 8-25-16, Repealed _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: West Gregory, Director, Office of Agricultural Water Policy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 10, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 11, 2024